Monday, July 05, 2010

Independence Reflection

Now that the fireworks are over, the flag is put away, and the barbeque is cool—though in our house the clean-up from the feast still lingers—it is a good time to reflect on the great and noble ideas upon which our country is founded, ideas which still ring true in the hearts of Americans.

“The Fourth of July is a great opportunity to renew our dedication to the principles of liberty and equality enshrined in what Thomas Jefferson called "the declaratory charter of our rights."

“As a practical matter, the Declaration of Independence publicly announced to the world the unanimous decision of the American colonies to declare themselves free and independent states, absolved from any allegiance to Great Britain. But its greater meaning-then as well as now-is as a statement of the conditions of legitimate political authority and the proper ends of government, and its proclamation of a new ground of political rule in the sovereignty of the people. "If the American Revolution had produced nothing but the Declaration of Independence," wrote the great historian Samuel Eliot Morrison, "it would have been worthwhile."

“Although Congress had appointed a distinguished committee-including John Adams, Benjamin Franklin, Roger Sherman, and Robert Livingston-the Declaration of Independence is chiefly the work of Thomas Jefferson. By his own account, Jefferson was neither aiming at originality nor taking from any particular writings but was expressing the "harmonizing sentiments of the day," as expressed in conversation, letters, essays, or "the elementary books of public right, as Aristotle, Cicero, Locke, Sidney, etc." Jefferson intended the Declaration to be "an expression of the American mind," and wrote so as to "place before mankind the common sense of the subject, in terms so plain and firm as to command their assent."

“The structure of the Declaration of Independence is that of a common law legal document. The ringing phrases of the document's famous second paragraph are a powerful synthesis of American constitutional and republican government theories. All men have a right to liberty only in so far as they are by nature equal, which is to say none are naturally superior, and deserve to rule, or inferior, and deserve to be ruled. Because men are endowed with these rights, the rights are unalienable, which means that they cannot be given up or taken away. And because individuals equally possess these rights, governments derive their just powers from the consent of those governed. The purpose of government is to secure these fundamental rights and, although prudence tells us that governments should not be changed for trivial reasons, the people retain the right to alter or abolish government when it becomes destructive of these ends.

“The remainder of the document is a bill of indictment accusing King George III of some 30 offenses, some constitutional, some legal, and some matters of policy. The combined charges against the king were intended to demonstrate a history of repeated injuries, all having the object of establishing "an absolute tyranny" over America. Although the colonists were "disposed to suffer, while Evils are sufferable," the time had come to end the relationship: "But when a long train of abuses and usurpations, pursuing invariably the same Object, evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government."

“One charge that Jefferson had included, but Congress removed, was that the king had "waged cruel war against human nature" by introducing slavery and allowing the slave trade into the American colonies. A few delegates were unwilling to acknowledge that slavery violated the "most sacred rights of life and liberty," and the passage was dropped for the sake of unanimity. Thus was foreshadowed the central debate of the American Civil War, which Abraham Lincoln saw as a test to determine whether a nation "conceived in liberty and dedicated to the proposition that all men are created equal" could long endure.

“The Declaration of Independence and the liberties recognized in it are grounded in a higher law to which all human laws are answerable. This higher law can be understood to derive from reason-the truths of the Declaration are held to be "self-evident"-but also revelation. There are four references to God in the document: to "the laws of nature and nature's God"; to all men being "endowed by their Creator with certain unalienable rights"; to "the Supreme Judge of the world for the rectitude of our intentions"; and to "the protection of Divine Providence." The first term suggests a deity that is knowable by human reason, but the others-God as creator, as judge, and as providence-are more biblical, and add a theological context to the document. "And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are a gift of God?" Jefferson asked in his Notes on the State of Virginia.”

This blog is part of the ongoing work of the American River Parkway Preservation Society to provide public education and advocacy around public policy issues that may be related to the Parkway and the adjacent communities along the American River in Sacramento, California.